试论盗窃彩票行为的定性

随着福利彩票和体育彩票越来越为人们关注,盗窃彩票所引起的法律问题,特别是刑法上的定性问题也日显复杂。本文认为,在下列四种情况下发生的盗窃彩票行为,都不构成犯罪:(1)盗窃了彩票,但没有中奖的行为;(2)盗窃了彩票,也中了奖,但在领奖时被抓获的行为;(3)盗窃了彩票,也中了奖,但没有兑奖的行为;(4)在无意中盗窃了彩票,并中奖的行为。

On the Nature of the Theft of Lottery

With the development of lottery consumption,the legal problems concern ing the theft of lottery arise.It is complicated to define th e nature of the behavior(theft)from the view of the criminal law.In t his article,the author concludes that under the following circumstances,t he theft of lottery shall not be viewe d as illegal behavior:(1)The defendant has stolen the lottery,but does not win the prize with it.(2)The de-fendant has stolen the lottery and has won the prize with it,but when colle cting the prize,he was caught on the spot.(3)The defendant has stolen the lottery,with which he could win the prize,bu t he did not go to collect the prize.(4)The defendant got the lottery neglec tfully and he has won the prize.